Study On Family Trial Procedure

With the continuous advancement of judicial reform,family trial procedure as one of the important contents of the reform has attracted much attention.Exploring the reform of family trial not only helps to save more marriages in crisis,fully protect the rights and interests of minors and other vulnerable groups in the family,realize the stability of family harmony and social order,but also helps to create a good social atmosphere and promote the long-term stable development of the family and the country.At present,China’s civil procedure law does not specifically provide for the trial of family disputes,which is applicable to the trial mechanism and litigation mode of ordinary civil disputes.However,because of the commonweal nature of family disputes,their resolution not only involves family relations,but also affects the social harmony and stability.In addition to solving disputes,the trial of family disputes also has the function of repairing family affection,making up for family cracks and other repair and treatment functions.The existing civil procedure is difficult to achieve the above requirements.Therefore,.exploring the establishment of independent family trial procedures has become a topic of great practical significance.At present,China’s family trial procedure reform exploration has achieved some results,but because the reform is in the current law does not provide for the circumstances of the pilot,it is inevitable that there will be specific procedures and system changes inconsistent problems.Therefore,it is particularly important to study theoretically the necessity of separate legislation of family trial procedure and discuss the specific system arrangement of perfecting family trial procedure.At the same time,exploring the family trial procedure in line with the law of family trial and China’s national conditions can also play a role in improving the socialist legal system.Therefore,this paper studies the family trial procedure,which mainly includes the following four parts.The first part further clarifies the concept,connotation and extension of family trial procedure.The basic theory of family trial procedure is studied,and the value and function of family trial procedure are clarified,including properly solving family disputes and maintaining harmonious family relations.To promote the development of diversified dispute settlement mechanism;Protect social public interests and maintain social harmony and stability.The importance and basis of establishing family trial procedure in China are analyzed to provide theoretical support for the construction of family trial procedure.The second part is the status quo of China’s family trial procedures.This part mainly analyzes the status quo of China’s family trial reform,and the existing problems,such as no separate legislation;Practice explores the problem such as specific standard inconsistency to carry on an analysis.The third part is an analysis of the family trial system outside the country.This part studies the family trial procedures in other countries,and analyzes the characteristics of the family trial procedures in different countries and what is worth learning.In the fourth part,the author puts forward the concrete ideas of constructing the family trial procedure in our country,including the basic principles of the family trial procedure law,such as separate legislation of family trial procedure,establishment of authoritarianism,private trial and priority of mediation.